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March 12, 2025

State-by-State Analysis: Anti-Indemnity Statute State Law Survey

This anti-indemnity statute state laws survey lays out which of the 50 states and the District of Columbia have adopted anti-indemnity legislation affecting the construction industry and provides basic information on the scope of any such legislation. Read now » Related Content Construction Subcontract Agreement Resource Kit Explore this resource kit to find information on Practical Guidance resources related...

March 11, 2025

Consignment Agreement Mastery: Unlocking the Secrets to Smooth Transactions

Learn about the intricacies of consignment agreements and gain an understanding of the legal nuances of consignment arrangements to help protect your client’s interests. Topics covered include the storage and maintenance of consigned goods, title and risk of loss, confidentiality, and the return of consigned goods. Read now » Related Content Consignment Agreement (Pro-consignor) Use this template crafted...

March 11, 2025

Responding to Cyber Extortion: Understanding Cybercriminal Networks and Negotiating with Cybercriminals

Read up on common cyber extortion schemes and demands, threat actor roles behind a cybercriminal network, and negotiating with cybercriminals, including risks to consider and steps an organization should take to make an informed payment decision. Read now » Related Content Hacking and Network Intrusion Overview Learn about types of threat actors, how they gain access to your network, and what they do when...

March 11, 2025

I’ll Give You a Reason to Stay--Using Retention Agreements in Retaining Key Personnel During Business Changes

When an employer contemplates an acquisition, merger, or other corporate transaction, the employer often wants to be sure that key employees remain during (and often for a time after) the transition. Retention agreements are useful for this purpose and can provide for a retention bonus, enhanced severance, equity (including stock options or acceleration of such options), or a combination of these types of compensation...

March 11, 2025

Navigating Intercreditor Agreements: Key Strategies for Finance Attorneys

Before negotiating with counsel when drafting an intercreditor agreement, make sure you are up to speed on the rights, liabilities, and obligations of multiple creditors with respect to each other, the borrower, and the collateral. Discover how these agreements can impact your clients’ interests and navigate potential pitfalls with confidence. Read now » Related Content Intercreditor Agreements Resource...

March 11, 2025

Money Laundering State Law Survey

Money laundering remains a significant concern for U.S. financial institutions. Financial institutions must constantly update their anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) sanction programs to detect and prevent these activities. Explore this survey which provides a summary of laws, regulations, and requirements relating to money laundering in all 50 U.S. states, the District of Columbia...

March 11, 2025

MSO Much to Know: Management Services Organization (MSO) Checklist

Check out this checklist from Practical Guidance – Healthcare addressing the formation and operation of management services organizations, often called MSOs. It provides guidance to investors and healthcare practices on how to legally structure MSO arrangements to benefit both parties. This checklist focuses on strategies for regulatory compliance and management issues and risks. Read now » Related Content...

March 11, 2025

It’s Electric! Insurance Slides into the Future with Electronic Delivery

Learn about the use of modern electronic communication in the insurance industry. Read now » Related Content Electronic Contracts Review the legal issues arising from the formation of contracts using electronic recording technology rather than written paper documents. Electronic Transactions and Recording State Law Survey Do a deep dive into state laws, generally under the Uniform Electronic Transaction...

March 11, 2025

Policy Perfection: Open Source Software Usage Policy

Review an open source software policy template that provides a starting point for companies to create and implement an open source software policy. Developing an open source policy ensures both consistent use of open source software throughout an organization and mitigation against the potential risks of using open source software. Read now » Related Content Open Source Software Fundamentals Familiarize...

March 11, 2025

It’s Gettin’ Hot in Here—Check Out Our Heat Protections for Workers Legislation Tracker

Do you need to track proposed and enacted legislation designed to protect workers from heat-related injuries? Review and set an alert on our newly published Heat Protections for Workers Legislation Tracker . Read now » Related Content Workplace Safety and Health Resource Kit Access Practical Guidance content addressing safety and health topics in the workplace, including workplace violence, drugs and alcohol...

March 11, 2025

FDA-Based Failure-to-Report Claims State Law Survey

This state law survey summarizes the legal landscape across the 50 U.S. states and the District of Columbia surrounding Food, Drug, and Cosmetic Act (FDCA)-based failure-to-warn claims predicated on violations of the reporting requirements of the FDCA. It identifies states that recognize failure-to-report claims as a cause of action and provides valuable insight into the case law of states that do not recognize failure...

March 11, 2025

Streamline Your M&A Legal Review with This Due Diligence Checklist

Legal due diligence is a critical step in M&A transactions, ensuring buyers uncover potential risks related to contracts, compliance, intellectual property, litigation, and regulatory matters. A well-structured request list helps identify hidden liabilities and ensures a smooth transaction. To streamline your review, check out our comprehensive due diligence request list for asset transactions below and conduct a...

March 11, 2025

30-Day Eviction Notice Under the CARES Act—Does this Rule Still Apply?

The CARES Act, a wide-ranging set of federal laws enacted during the COVID-19 pandemic, included new tenant protection rights. It required landlords leasing properties with federally-backed financing to provide a 30-day notice prior to proceeding with an eviction under state law. However, there have been varying interpretations of this rule, including whether it altered state eviction procedures and whether the rule was...

March 11, 2025

Master the Art of Bankruptcy Litigation: Your Ultimate Resource Kit Awaits!

You frequently represent parties in contested matters and adversary proceedings. Check out this resource kit which includes general resources for litigating matters in bankruptcy court and specific resources on topics that are often the subject of litigation in bankruptcy court, including links to detailed practice notes, templates, and checklists. Read now » Related Content Bankruptcy 101 for Commercial...

March 11, 2025

Stay Compliant and Efficient: Ethical Guidelines for Using Vendors in Litigation

Discover essential best practices for maintaining ethical standards when collaborating with vendors in litigation. Our latest checklist guides you through identifying tasks where vendors can enhance your practice, understanding the relevant Model Rules of Professional Conduct, and ensuring you fulfill your ethical duties. Equip yourself with the knowledge to navigate vendor relationships effectively and uphold the integrity...

March 11, 2025

Rule 14a-8 Shareholder Proposals Timetable

When activist shareholders submit proposals to be voted upon at the annual meeting, the company may only exclude them if it has a proper basis for doing so. There are both procedural and substantive bases that the company can rely on to exclude them, but compliant proposals must be presented for voting. Refer to this checklist for the key timing considerations for shareholders submitting proposals pursuant to Rule 14a...

March 04, 2025

Ninth Circuit's Chapter 15 Ruling: Appeal Can't Turn Back Time

In a Chapter 15 case, the automatic stay generally applies only at such time that the U.S. bankruptcy court later enters an order recognizing the foreign bankruptcy as a main proceeding under Chapter 15 or, in the event of recognition as a foreign nonmain proceeding, the court exercises its discretion to grant equivalent provisional relief. Check out this expertly drafted article discussing a recent Ninth Circuit case...

March 04, 2025

Stay Informed: Track Legal Challenges to Trump's 2025 Executive Orders

Stay ahead of the curve with our new tracker, which compiles the legal challenges to executive orders signed by the current administration. Updated at least weekly, this essential tool ensures you have the latest insights and developments at your fingertips, empowering you to make informed decisions and provide unparalleled counsel. Don't miss out on this invaluable resource—stay informed, stay prepared, and...

March 04, 2025

Proxy Checklist: Key Considerations for the 2025 Proxy Season

As spring approaches, the proxy materials drafting process kicks into high gear. As one of the most critical and investor-facing disclosure documents that public companies are required to file, counsel working on this year’s proxy statement will need to include discussion of important regulatory requirements. Read this checklist for useful information on pay vs. performance, Nasdaq board diversity rules, compensation...

March 04, 2025

New Videos! Drafting a Website's Terms of Use and Privacy Policy

Gain insight on drafting a website's Terms of Use and Privacy Policy. Topics covered include eligibility requirements to use the website, restrictions on use, and website updates; and data collection, deletion practices, and sample FTC enforcement actions. Watch Terms of Use Video and Privacy Policy Video » Related Content Website Policy and Agreements Learn about drafting policies and agreements that...

March 04, 2025

Trump Administration Unveils New AI Policy, Reverses Biden's Regulatory Framework

The Trump administration is reversing Biden-era guidance on artificial intelligence (AI) and emphasizing the need for minimal barriers to foster innovation and U.S. leadership in AI. State legislators may step in to fill the regulatory gap. Read now » Related Content Generative Artificial Intelligence (AI) Resource Kit Easily find current Practical Guidance content on generative AI organized by practice...

March 04, 2025

Don’t Forget! Investment Committee Fiduciary Obligations

Fiduciaries must engage in a process to gather and evaluate the information needed to make pertinent plan decisions. Where fiduciaries lack the expertise to make those decisions, they must engage experts to help them. It is also important to know what decisions must be made. One example is, and where all of the considerations may not be obvious, the selection of share classes of mutual funds to be offered by the plan...

March 04, 2025

If You’re Drowning, our New Official Forms Charts Can Save You

Does your client’s oil and gas exploration and production operation have you swimming in paperwork? Do they have filing obligations in states you are unfamiliar with? If so, check out our newest Practical Guidance content, Upstream Oil and Gas Official Forms Chart (OH), to review official forms and instructions promulgated by state regulators. Read now » Related Content Upstream Oil and Gas Lease Transactions...

March 04, 2025

Essential Tools for Finance Attorneys: Commitment Letters and Term Sheets Explained

Unlock the complexities of commitment letters and term sheets. Discover how these crucial documents shape financing transactions and gain insights that could enhance your practice. This practice note details the main provisions of these documents, including those specific to acquisition financing, and how they are typically negotiated. Read now » Related Content Commitment Papers Resource Kit Review this...

March 04, 2025

Litigating Claims under the Real Estate Settlement Procedures Act and Regulation X

Litigating Real Estate Settlement Procedure Act (RESPA) and Regulation X claims involve addressing violations related to mortgage servicing and borrower protections. Understanding the law and regulation is crucial for effective legal action. Explore this practice note by partners Marc Dann and Dan Solar , of The Dann Law Firm, for an overview of key litigation claims under RESPA and mortgage servicing rights and claims...